General
We reserve the right to change or discontinue any content or feature
of the Site, or impose, change, or modify the terms and conditions
of these Terms of Use. By continuing to use the Site following an
announcement of any change, you will be deemed to have agreed to such
change. You agree to review these Terms of Use periodically to be
aware of such changes or revisions.
You may not post or transmit through the Site: advertising or commercial
solicitations; promotional materials relating to Web site or online
services which are competitive with us and/or the Site; software or
other materials that contain so-called viruses, worms, time bombs,
Trojan horses, or other harmful or disruptive component; political
campaign materials; chain letters; mass mailings; spam mail; material
protected by copyright, trademark or any other proprietary right;
any robot, spider, site search/retrieval application, or other manual
or automatic device or process to retrieve, index, “data mine,”
or in any way reproduce or circumvent the navigational structure or
presentation of the Site or their contents; or posts that express
or imply that any statements you make are endorsed by us, without
our prior written consent. Additionally, you may not harvest or collect
information about Site visitors or Members without their express consent.
Product Descriptions
While we, and our affiliates, attempt to provide accurate information
the Site, we do not warrant that product descriptions or other content
on this Site will be accurate, complete, reliable, current, or error-free.
Your sole remedy for the purchase of any product on the Site is to
return it for a full or partial refund as set forth in the contract
governing such purchase.
Disclaimer of Warranty; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE
RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS
IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR
REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION UNDER LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE BLOOMING PLACE, ITS SUBSIDIARIES,
AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE
PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND
/OR ALTERATION OF THE SITE , WHETHER FOR BREACH OF CONTRACT, TORTUOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF
THE BLOOMING PLACE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
THE BLOOMING PLACE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON
THE SITE , NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING
MADE ON THE SITE BY ANYONE. UNDER NO CIRCUMSTANCES WILL THE BLOOMING
PLACE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE
ON INFORMATION OBTAINED THROUGH THE CONTENT AND /OR ANY POSTINGS
ON THE SITE .
Monitoring
We shall have the right, but not the obligation, to monitor the
content of the Site, including Share, to determine compliance with
these Terms of Use and any other operating rules established by
us. We shall have the right in our sole discretion to edit, refuse
to post or remove any material submitted to or posted on the Site
that we find to be in violation of these Terms of Use or is otherwise
objectionable or stale, to disclose such materials and the circumstances
surrounding their transmission to any third party in order to operate
the Site properly; to protect ourselves, our sponsors, and our Members
and visitors, and to comply with legal obligations or governmental
requests. Notwithstanding these rights or obligations of THE BLOOMING
PLACE, you shall remain solely responsible for any information that
you post, transmit or otherwise make available on or through the
Site. You acknowledge and agree that neither we nor any third party
content provider shall assume or have any liability for any action
or inaction by us or any third party content provider with respect
to any conduct, communication or posting on the Site.
Indemnification
You agree to defend, indemnify, and hold harmless The Blooming Place,
its affiliates, third party service providers, and their respective
directors, officers, employees, owners, licensors, licensees, and
agents from and against all claims, damages, losses, costs and expenses,
including reasonable attorneys' fees, arising out of a breach of
these Terms of Use by you and/or your activities in connection with
the Site or any services related to the Site. We may participate
in the defense of any claim at its own cost. You shall not settle
any claim that affects us without our prior written approval.
Security
We take reasonable precautions to safeguard information transmitted
between visitors and the Site and information stored on our servers.
We use Secured Socket Layers encryption for the transmission of
data to our servers during member sign in and order check out. Despite
these efforts, however, we may be unable to prevent and shall not
be responsible for unauthorized access to such information by third
parties.
Miscellaneous
These Terms of Use and any operating rules for the Site established
by us constitute the entire understanding of the parties with respect
to the use of the Site. We control and operate this Site from our
offices in the United States of America . We do not represent that
materials on the Site are appropriate or available for use in other
locations. Persons who choose to access this Site from other locations
do so on their own initiative and at their own risk, and are responsible
for compliance with local laws, if and to the extent local laws
are applicable. These Terms of Use shall be construed in accordance
with the laws of the State of Dallas, Texas , without regard to
its conflict of laws rules. You agree to personal jurisdiction by
the federal and state courts located in Dallas, Texas . No waiver
by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall
not be given any legal import. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Site must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
If any provision of these Terms of Use is found to be unenforceable
for any reason, than that provision shall be deemed sever able from
this Agreement and shall not affect the validity and enforceability
of any remaining provisions.
Our Address:
The Blooming Place
6611 Hillcrest Avenue, Suite 503
Dallas, TX 75205
Permission
If you are interested in reproducing any Site Content, you will
need our permission, which we may approve or deny in our sole discretion.
Please send your request to:
The Blooming Place
6611 Hillcrest Avenue, Suite 503
Dallas, TX 75205
You may fax your request to: 214-368-4118 |
Dallas